africanlegalstudies.blog – Cutting edge analysis on key issues in African politics, law and development

How the judgment by the German Federal Constitutional Court on the German debt brake entrenches climate injustice
As a major emitter of greenhouse gasses, Germany has a fundamental responsibility to show solidarity with developing countries suffering from the effects of climate change. This obligation is clear from the common but differentiated obligations that underpin the climate framework. Consequently, Germany must deploy its policy and fiscal instruments in furtherance of actions. One key…
Anti-Racism Law and its Limits
Contemplating the “Conceptual Blurriness of Race” By drawing upon insights of sociolegal thought, feminism and the US social context, this contribution argues that anti-racism law’s apparent ineffectiveness stems from its reliance on the inherently vague concept of “race”, which, while understandable, ultimately has numbing effects on legal practice and the law’s potential to combat racism.…
German police controls and structural racism
Since 15 March 2024, Germany has an ombudsperson for its federal police forces. The German Bundestag passed a law creating the Polizeibeauftragte des Bundes (federal police commissioner). The former MP and police officer Uli Grötsch was appointed to be the first to take office. While this is a first for the federal level the idea…

Justice in the “critical minerals value chain” – moving in tandem for a just transition
Introduction Humanity is at a crossroads, confronted with the effects of climate change that no nation can solve on its own without working with others. It requires all countries to act jointly to reduce greenhouse gas emissions and the temperature rise to below 1.5°, and attain the global objectives of the Paris Agreement. To achieve…
From Dubai to Baku: Energy Justice at the COPs and the Question of Fossil Fuel Abandonment
The twenty-eighth Conference of the Parties (COP28), which took place in Dubai from 30 November to 13 December 2023, made a modest yet significant contribution to energy justice by expressing a nuanced position on phasing out global fossil fuel development and use. While the COP recognised that urgent measures were needed to respond to the…
Our development is inextricably linked to the past and next generation
1. Introduction Natural resources, including minerals, belong to our common heritage, entrusted to present and future generations to support their respective needs.[1] In this respect, mineral resources have the potential to enhance the right to development,[2] a fundamental human right enshrined in the African Charter on Human and Peoples’ Rights (African Charter) and in the…

Investment and Investor Protection in Somalia
Introduction With Somalia’s accession to the East African Community (EAC), the internal market of this community is also becoming increasingly attractive for foreign investments. A common market with over 300 million populations is developing, and there is not only a common internal market. It also has an excellent strategic location from the Indian Ocean to…
The East African Community: Past Experiences and Lessons for the Future
Introduction The East Africa Community (EAC) is one of the oldest regional economic blocs in the world.[1] Uganda, Kenya, and Tanzania, as members of EAC, had a customs union as early as 1927.[2] While this regional bloc collapsed in 1977, it was re-established in 2000 and grew from three to eight countries, including Uganda, Kenya,…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…